Legal Opinion

Acker v. DeVore

Supreme Court of Arkansas

Decided March 27, 1916PublishedCited by 1 opinion

Appeal from Arkansas Chancery Court; Jno. M. El- liott, Chancellor; 1. The conveyances were fraudulent and void as to creditors. 73 Ark. 174; 46 Id. 542; 45 Id. 520; 8 Id. 261; 14 Id. 69; 106 Id. 230; Kirby’s Dig., § § 365-8; 59 Id. 614; 110 Id. 350 ; 96 Id. 531; 55 Id. 59-64. 2. Devore was not an innocent purchaser; he had constructive notice of the .sheriff’s deed to Hattie Carpenter.

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Appeal from Arkansas Chancery Court; Jno. M. El- liott, Chancellor; 1. The conveyances were fraudulent and void as to creditors. 73 Ark. 174; 46 Id. 542; 45 Id. 520; 8 Id. 261; 14 Id. 69; 106 Id. 230; Kirby’s Dig., § § 365-8; 59 Id. 614; 110 Id. 350 ; 96 Id. 531; 55 Id. 59-64. 2. Devore was not an innocent purchaser; he had constructive notice of the .sheriff’s deed to Hattie Carpenter. Kirby’s Dig., §762; 14 Ark. 294; 16 Id. 543; 28 Id. 825. 3. Farmer was insolvent; a judgment was standing against him; execution had been issued and returned showing no property found. While thus insolvent, he…

1Opinion of the CourtWood, J.

This suit was brought by the appellants against the appellee to quiet title to a certain tract of land in Arkansas County. Plaintiffs alleged that the land in ‘suit was sold by I. W. Ingram, trustee, and W. N. Carpenter to C. M. Farmer on October 10, 1903; that subsequent to that time a judgment was obtained against C. M. Farmer and W. N. Carpenter in the Monroe Circuit Court; that the land in suit was sold under an execution issued on that judgment and purchased by Hattie O. Carpenter; that Hattie O. Carpenter conveyed the land to Clinton Acker, as trustee for the children of W. N.…

2Cases cited4 opinions

  1. Hudgins v. SchulticeSupreme Court of Arkansas · 1915
  2. Hoskins v. Fayetteville Grocery Co.Supreme Court of Arkansas · 1906
  3. Kerr v. BirnieSupreme Court of Arkansas · 1868
  4. South Omaha National Bank v. BoydSupreme Court of Arkansas · 1906

3Cited by1 opinion

  1. Tolley v. WilsonSupreme Court of Arkansas · 1947

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